# ESA Letter in Kenai, AK: Wilful Withholding and a Double Refund

> An ESA letter in Kenai keeps a pet deposit off your animal. AS 34.03.070(d) covers what comes after: a landlord who wilfully keeps money can owe twice the amount.

- Source: https://supportanimal.com/blog/alaska-emotional-support-animal/kenai/
- Publisher: Support Animal (supportanimal.com)
- Updated: 2026-09-19
- License note: informational content; not legal or medical advice.

**In short:** In Kenai, AK, the federal Fair Housing Act keeps a pet deposit off your ESA even though AS 34.03.070(h) exempts only trained animals. Your regular deposit has rules too: under AS 34.03.070(b) a landlord may keep only rent owed and real damage, itemised in writing, and one who wilfully fails to comply can owe up to twice the amount withheld (AS 34.03.070(d)). Keep the paper.

## Key facts

- Population: 7,770
- Households renting: 29.7%
- Typical pet deposit (as a pet): Extra pet deposit, 1 mo. cap
- Typical pet rent (as a pet): No statutory monthly cap
- Breed/weight limits common: yes
- Pet fees, deposits and breed or weight limits with a qualifying reasonable accommodation: may be waived or modified, not automatically void (FHA reasonable accommodation)

## How many Kenai households rent?

Of Alaska's twenty largest cities, Kenai has the lowest share of renting households. The Census
Bureau's 2020-2024 American Community Survey five-year estimates put it at 29.7 percent: 905 renter
households (plus or minus 183) out of 3,051 occupied homes. Alaska as a whole rents at 33.2 percent.
Median gross rent here is $1,138 (plus or minus $103), well under the state's $1,419, and the city's
2024 population estimate is 7,770.

Those are estimates, and the renter count carries a wide interval, but the picture is of a town
where most households own. The renters it does have still sign leases, hand over deposits and wait
for them back. For a Kenai tenant with an emotional support animal, the money rules come in two
layers, and this page is mostly about the second one.

## Can a Kenai landlord take a pet deposit for an emotional support animal?

The first layer is the deposit itself. **AS 34.03.070(h)** allows an extra security deposit, capped
at one month's rent, from a tenant with "a pet on the premises that is not a service animal."
Subsection (i)(2) of the same section limits "service animal" to one "individually trained to do work
or perform tasks." An emotional support animal is not trained that way, so Alaska's own deposit
statute does not exempt it.

Federal law does. Under **42 U.S.C. § 3604(f)(3)(B)** a landlord must make reasonable accommodations
in its rules, and a fee demanded as the price of one is a way of refusing it. Alaska's Department of
Law writes the same conclusion into footnote 15 of its landlord-tenant handbook: the federal Act
"prohibits charging a pet deposit for a service animal or a support animal, which includes animals
that provide therapeutic emotional support for individuals with disabilities."

That is the first layer, and the letter is what opens it. The second layer is everything else in
the section: the ordinary security deposit, what may be kept from it and what happens when a
landlord keeps too much.

## What can a Kenai landlord deduct from a security deposit?

**AS 34.03.070(b)** limits deductions to accrued rent and to damages the landlord suffers "by reason
of the tenant's noncompliance with AS 34.03.120." Damage does not include "normal wear and tear."
Every deduction must be itemised "in a written notice mailed to the tenant's last known address."

So a Kenai landlord who keeps part of your deposit because an animal lived in the unit, with no
damage to point to, is outside subsection (b). An animal's presence alone is not damage. Real damage it
causes is different: **AS 34.03.120** makes a tenant answer for harm done "deliberately or
negligently," and that stays true for an emotional support animal. You pay for what it breaks,
after the fact, the way any tenant would.

If a pet deposit was lawfully taken for a different animal, (h)(2) adds its own limit: that money
must be kept separately and "may be applied only to the amount of damages that are directly related
to the pet of the tenant."

## Where must a Kenai landlord keep your deposit, and what must you be told?

Subsection (c) is easy to overlook. Deposits "shall be promptly deposited by the landlord,
wherever practicable, in a trust account in a bank, savings and loan association, or licensed escrow
agent." And the landlord "shall provide to the tenant the terms and conditions under which the
prepaid rent or security deposit or portions of them may be withheld."

Those written terms are the first thing to ask for if you did not get them. They are also the
yardstick later: a deduction that fits none of them is harder for a landlord to defend.

## When can a Kenai tenant recover double a wrongly withheld deposit?

Then comes the remedy. **AS 34.03.070(d)**: "If the landlord wilfully fails to comply with (b) of this
section, the tenant may recover an amount not to exceed twice the actual amount withheld."

Three things are packed in there. The failure has to be a failure to comply with (b), meaning
deductions that were not for rent or real damage, or were not itemised and mailed. It has to be
wilful, which is a word about the landlord's state of mind, not only the arithmetic. And the ceiling
is twice what was withheld, not twice the whole deposit.

What "wilfully" requires in a given case is not something this page can tell you. No Alaska court
decision was researched for it, and the statute does not define it. What you can control is the
record. A landlord who received your written forwarding address, your photographs and your written
accommodation approval, and still kept money without an itemised notice, has a harder time calling
the failure an accident.

## Does Alaska's double-deposit remedy cover an unlawful ESA pet deposit?

Subsection (d) is a state remedy for how deposits are returned. It does not, by itself, turn an
unlawful pet deposit on an emotional support animal into double damages. The objection to that
charge rests on the federal Act, with a state argument beside it under AS 18.80.240(2), and it has
its own routes: one year to complain to HUD, whose
Alaska office is at 3000 C Street, Suite 401, in Anchorage, or two years to sue in federal court.
The State Commission for Human Rights takes disability complaints within 300 days under
**6 AAC 30.230**.

Two more edges. **AS 34.03.070(a)** says the whole section "does not apply to rental units where the
rent exceeds $2,000 a month," and above that line (d) goes with it. And the return clock in
subsection (g), 14 days after the tenancy ends and possession is delivered, or 30 where damages are
deducted or notice was not properly given, is what tells you when a missing notice has become late.

## Where can Kenai renters get legal and housing help?

Kenai has its own Alaska Legal Services Corporation office, at 110 N. Willow Street, Suite 132,
(907) 395-0352, and ALSC's statewide landlord-tenant helpline is open Monday through Thursday
evenings at 1-855-743-1001. Other help sits in Soldotna, eleven miles away. Alaska Housing Finance
Corporation has no Kenai office; its nearest is at 44539 Sterling Highway, Suite 201-A, Soldotna.
Access Alaska's Kenai centre is at 47202 Princeton Avenue in Soldotna, and the Independent Living
Center has a Soldotna office at 47255 Princeton Avenue, Suite 8.

## What records should a Kenai tenant keep to prove wilful withholding?

A landlord's state of mind is proved from paper. Build the file in the order the tenancy runs:

- **Before you sign:** the letter supporting your emotional support animal, your written request
  naming the no-pets rule it is an exception to, and the landlord's written answer.
- **At move-in:** the lease and any animal addendum; the written terms for withholding that
  subsection (c) requires; a receipt for each deposit, and proof no pet deposit was taken for the
  support animal; dated photographs of every room.
- **During the tenancy:** repair requests, with dates, and any notice of damage the landlord sends.
- **At move-out:** your written notice to end the tenancy (30 days before the rental due date on a
  month-to-month lease, 14 days week-to-week, under **AS 34.03.290**); the date you returned the keys;
  your forwarding address, in writing; a second set of photographs.
- **After:** the envelope and postmark of the itemised notice, the date it arrived and a copy of the
  refund, or a note that neither came.

The first item carries the rest. A letter that holds up reports two findings: that you have a
disability, which Alaska's definition at **AS 18.80.300(15)(B)** extends to "emotional or mental
illness", and that this animal is needed because of it.

If a clinician already treats you, they are a good author. On the Kenai Peninsula the difficulty is
supply. Behavioral health providers are few, waits for a new appointment can be long, and one who
has seen you only briefly may properly decline to make a finding they have not formed. Where that
is your situation, a licensed evaluation is the dependable route. A licensed clinician assesses both
findings, writes down the result and can conclude no. That a no is possible is why the yes belongs
at the front of your file.

## What Kenai landlords can and cannot do

**Cannot:**
- Cannot refuse a reasonable accommodation to a no-pets rule where it may be necessary to give a person with a disability equal opportunity to use and enjoy the home, under 42 U.S.C. § 3604(f)(3)(B). Alaska's own Human Rights Act has no accommodation clause, so this federal duty does the work.
- Cannot refuse to rent because of a physical or mental disability, or discriminate because of disability in a term, condition or privilege of the tenancy, AS 18.80.240(1) and (2).
- Cannot make a written or oral inquiry into, or keep a record of, an applicant's disability, AS 18.80.240(3). Asking whether a need exists for an accommodation is different from asking for a diagnosis.
- Cannot condition an emotional support animal on a pet deposit or monthly pet rent. The federal accommodation duty forbids pricing the exception, even though AS 34.03.070(h) exempts only an individually trained service animal from the state pet deposit.
- Cannot require certification or registration of a service animal from an organisation purporting to certify service animals, 6 AAC 30.610(k), and no Alaska registry for any kind of assistance animal exists.
- Cannot keep a security deposit and prepaid rent above two months' rent, AS 34.03.070(a), unless the rent exceeds $2,000 a month, in which case the whole section, cap included, does not apply.

**Can:**
- Must mail the itemised deposit notice and refund within 14 days, or 30 days where damages are deducted or proper notice was not given, AS 34.03.070(g). A wilful failure can cost up to twice the amount withheld under AS 34.03.070(d).
- May charge an ordinary pet an additional deposit of up to one month's rent, held separately and usable only for pet damage, AS 34.03.070(h).
- May recover for damage an animal actually causes, as with any tenant damage under AS 34.03.120(a)(5). That is a bill for real damage after the fact, not a fee charged in advance.
- May decline where a specific animal would be a direct threat to others' health or safety, or would cause substantial physical damage to others' property, 42 U.S.C. § 3604(f)(9). The judgment has to be about this animal, not its species or breed.
- May be outside the state Act only when renting a room in a home the owner lives in and shares, 6 AAC 30.990(b). An owner-occupied duplex or fourplex is not exempt under Alaska law.

## How to get an ESA letter in Kenai

1. **Check that you qualify**, Answer a short screening about how your condition affects daily life in Kenai. No diagnosis paperwork needed up front. (About 5 minutes: free)
2. **Connect with a licensed professional**, You are matched with a provider licensed for Alaska clients who reviews your situation in a telehealth evaluation. (Telehealth evaluation)
3. **Complete your evaluation**, The professional considers whether an emotional support animal is clinically appropriate for a condition recognized in the DSM-5. The DSM-5 can inform that assessment, but the housing question is whether you have a qualifying disability and whether the animal is necessary because of it. Honest evaluations: not everyone qualifies. (Most of Our Applicants Qualify)
4. **Receive your signed letter**, Your letter arrives on the professional's letterhead with their license number: supporting documentation for a reasonable accommodation that Alaska landlords may lawfully request. (Typically within days of approval)
5. **Send it to your landlord**, Submit the letter with a short reasonable-accommodation request. Where the accommodation is required, ordinary pet-related rules and charges, including pet fees, pet deposits and breed or weight limits, may need to be waived or modified. You remain responsible for any damage the animal actually causes. (Protection under FHA + state law)

## Conditions that can qualify for an ESA

No fixed government list exists. A licensed professional assesses whether an emotional support animal is clinically appropriate for a condition recognized in the DSM-5. The DSM-5 can inform that assessment, but the housing question is whether a qualifying disability is present and whether the animal is necessary because of it. Commonly:

- Generalized anxiety disorder
- Major depressive disorder
- Post-traumatic stress disorder (PTSD)
- Panic disorder
- Social anxiety disorder
- Obsessive-compulsive disorder (OCD)
- Bipolar disorder
- Attention-deficit/hyperactivity disorder (ADHD)
- Phobias with housing impact
- Chronic stress affecting daily function

## Housing help in Kenai

- [City of Kenai](https://www.kenai.city/) (city government)
- [Kenai Peninsula Borough](https://www.kpb.us/) (county government)
- [Alaska Legal Services Corporation: Kenai office](https://www.alsc-law.org/contact-us/) (legal aid)
- [Access Alaska (Kenai office, Soldotna)](https://www.accessalaska.org/contact-us) (disability services)
- [Independent Living Center, Soldotna](https://peninsulailc.org/locations/soldotna) (disability services)
- [Alaska Housing Finance Corporation: housing assistance locations (Soldotna office)](https://www.ahfc.us/contact-us/housing-assistance-locations) (local housing authority)

## Frequently asked questions

### My Kenai landlord kept part of my deposit because my emotional support animal lived in the unit. Is that allowed?

Not for the animal's presence alone. AS 34.03.070(b) lets a landlord keep deposit money only for accrued rent and for damages caused by the tenant's noncompliance with AS 34.03.120, excluding normal wear and tear, and each deduction must be itemised in a written notice mailed to your last known address. Real damage the animal did is a proper deduction; the fact that it lived there is not.

### What does "wilfully" mean in Alaska's double-deposit rule?

AS 34.03.070(d) lets a tenant recover up to twice the amount withheld if the landlord "wilfully fails to comply" with the itemisation rule in (b). The statute does not define the word and no Alaska court decision on it was researched for this page, so ask Alaska Legal Services before relying on it. In practice your paper trail is what shows a landlord knew what the law required.

### Can a Kenai tenant get double the pet deposit back if the landlord charged one for an ESA?

Not automatically. The doubling remedy is for a wilful failure to follow the deduction and itemisation rules, not for the charge itself. The objection to a pet deposit on an emotional support animal comes from the federal Fair Housing Act, which Alaska's Department of Law says bars that deposit, and it can be raised with the landlord, the State Commission for Human Rights or HUD.

### Is there legal aid in Kenai itself, or do I have to go to Soldotna?

Kenai has its own Alaska Legal Services Corporation office at 110 N. Willow Street, Suite 132, phone (907) 395-0352. Housing assistance and disability services are in Soldotna: Alaska Housing Finance Corporation at 44539 Sterling Highway, Access Alaska at 47202 Princeton Avenue and the Independent Living Center at 47255 Princeton Avenue, Suite 8.

### How long does a Kenai landlord have to return my deposit?

Under AS 34.03.070(g), 14 days after the tenancy ends and you deliver possession, if you gave notice that complies with AS 34.03.290. The period is 30 days if the landlord deducts for damage, or if proper notice was not given. The notice and refund go to your last known address, so leave a forwarding address in writing.

### Does my Kenai landlord have to put my deposit in a bank?

AS 34.03.070(c) says deposits shall be promptly placed, wherever practicable, in a trust account at a bank, savings and loan association or licensed escrow agent. The landlord must also give you the terms and conditions under which any part may be withheld. Ask for those terms in writing at move-in and keep them with your lease.

### Which papers should I keep from the start if I rent in Kenai with an emotional support animal?

Your letter, your written request and the landlord's written answer; the lease, the withholding terms and a receipt for each deposit; dated move-in and move-out photographs; repair requests; your written notice to end the tenancy and forwarding address; and the envelope of any itemised notice. Those papers are what a claim about wilful withholding is built from.

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Get evaluated by a licensed provider: https://my.supportanimal.com/qualify?sa_source=blog&sa_medium=blog&sa_campaign=esa-guides&sa_content=markdown&ref=blog&sa_term=alaska-emotional-support-animal%2Fkenai